HomeMy WebLinkAbout09-30-2026 Project Specific Maintenance Agreement with Caltrans30th September 26
Docusign Envelope ID: 30C4841 D-398F-8B5C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SL0-1-L 16.7 /17.97
City of San Luis Obispo
lighting, trash enclosures, street trees, tree wells, planters, planter boxes,
landscaping, and irrigation.
C.Drainage Facilities -Systems or structures designed to manage and
direct the flow of water, typically to prevent flooding or waterlogging.
Drainage Facilities include a variety of infrastructure components, such
as: stormwater drains, sewers, ditches and channels, catch basins,
retention or detention ponds, and culverts, inlets and outlets.
D.Landscaped Areas -These areas include hardscaping, planting,
vegetation, and related landscaping improvements.
E.Walls, Retaining Walls, Columns, and Soundwalls -These improvements
include structural components of embankments and noise reduction
structures constructed within ST ATE ROW.
4.Definitions of SHS facilities components.
A.Bikeway Class I -Provides a completely separated right-of-way
designated for the exclusive use of bicycles and pedestrians with
crossflows by motorists minimized.
B.Bikeway Class II -Provides a restricted right-of-way designated for the
exclusive or semi-exclusive use of bicycles with through travel by motor
vehicles or pedestrians prohibited, but with vehicle parking and
crossflows by pedestrians and motorists permitted.
C.Bikeway Class Ill -Provides a right-of-way on-street or off-street,
designated by signs or permanent markings and shared with
pedestrians and motorists.
D.Bikeway Class IV-Promotes active transportation and provides a right
of-way designated exclusively for bicycle travel adjacent to a roadway
and which are separated from vehicular traffic. Types of separation
include, but are not limited to, grade separation, flexible posts, inflexible
physical barriers, or on-street parking.
E.Bridge Rails and Posts -Portions of a Bridge attached to the bridge
deck and deck surface.
F.Crosswalk -Designated locations for pedestrians who are crossing
roadways by defining and delineating paths on approaches to and
within signalized intersections, and on approaches to other
intersections where traffic stops.
G.Deck Surface (Wearing Surface) - The surface of a bridge deck for
vehicular traffic over the SHS (e.g., roadway surface).
H.Deck-The structural component of a Bridge that supports and is below
the Deck Surface (Wearing Surface) and above the Superstructure.
I.Lighting-Electrical lamps and light posts installed within STATE ROW.
J.Pedestrian Paths -A path or walkway, other than a sidewalk, that is
owned by the City, County, or another public entity and is specifically
2
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
designed for pedestrian travel. The path is usually constructed of
concrete, pavers, brick, stone, or asphalt, and it is designed for
pedestrian use.
K.Sidewalk-A paved path along the side of a road.
L.Signage-Signs installed or approved by STATE.
M.Street Furniture -Refers to various elements and structures placed along
roadways (e.g., benches, trash bins, bicycle racks, lighting, bus
stops/bus shelters, signage) to enhance pedestrian experience,
improve safety, and contribute to the overall functionality and
aesthetic of the street. These elements are designed to support active
transportation, such as walking and cycling, while making the public
space more comfortable and inviting for people.
N.Structural/Roadway Drainage Facilities -Any facility that provides
drainage to any location, including, but not limited to, culverts, wing
walls, drains, drain inlets, gutters, curbs, and inlet grates.
0.Substructure -Structural components of a Bridge that support the
Superstructure and distribute the load to bridge footings and
foundations.
P.Superstructure -Structural portions of a Bridge supported by bridge
columns/piers which are located below the Deck.
OPERATIVE PROVISIONS
1.Maintenance Standards. PARTIES shall perform all maintenance in
compliance with the standards set forth in Streets and Highways Code
section 27, and in accordance with California laws, regulations, and STATE
standards, including STATE'S Maintenance Manual, Code of Safe Operating
Practices, policies, procedures, and specifications in effect and as amended.
"Maintain" or "Maintenance" under this AGREEMENT includes routine
inspections, repairs, cleaning, and State approved replacements.
2.Maintenance Service Schedule. Upon approval of the necessary
Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide
STATE's District Area Maintenance Superintendent, as shown in Exhibit C, at
least twenty-four (24) hour prior telephone or email notice before performing
any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify
the STATE of the frequency of its maintenance services. Maintenance services
shall be performed between the hours indicated on the Encroachment Permit
or otherwise authorized by STATE and may be performed on weekends and
holidays if necessary.
3
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
3.Revising Exhibits. When another planned future improvement has been
constructed and/or a revision to SHS facilities has been affected within the
limits of the improvement covered by this AGREEMENT, PARTIES can revise this
AGREEMENT by mutually amending, replacing, or providing additional pages
to the Exhibits that must be signed by authorized representatives of PARTIES.
No formal amendment to the body of this AGREEMENT will be necessary. The
revised exhibit will thereafter supersede the previous Exhibit and become part
of this AGREEMENT.
4.Amendment to Agreement. Except as provided in the preceding section
concerning Exhibit amendments, the terms of this AGREEMENT can be
changed only by a formal written amendment executed by all PARTIES.
5.Successors. This AGREEMENT shall be binding upon and inure to the benefit of
each of the PARTIES and their respective successors-in-interest including, any
subsequently incorporated city or other municipality established within the
LOCAL AGENCY's jurisdictional limits. If the successor city or municipality fails
to enter into a new agreement with ST ATE to accept the obligations of the
LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound
to STATE by the terms of this AGREEMENT.
6.Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install
any encroachment or perform any maintenance or work in the areas
covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain
an encroachment permit(s) from the STATE's District 5 Encroachment Permit
Office as per STATE's EP policy. An encroachment permit issued by the STATE
will be at no cost to LOCAL AGENCY.
1.the improved or unimproved roadway section(s) with STATE's
prior written approval.
7.Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY's sole cost and
expense, shall remove all graffiti from Undercrossing(s). LOCAL AGENCY is
solely responsible for ensuring that any graffiti that in any way resembles a
mural, artwork, painting, or other similar elements shall not be removed
without the written authorization of STATE. Graffiti removal must protect air
and water quality as required by law. LOCAL AGENCY shall conform to the
terms stated in STATE's Maintenance Manual, Volume 1, Chapter, D1 .0
8.Complete Streets Features and/or Enhancements.
A.The list of elements including, but not limited to, those provided in
Exhibit A, were added to the SHS as part of a Complete Streets
Project. PARTIES shall be responsible for the maintenance of each of
the elements of the Complete Streets Features and/or
4
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
Enhancements as identified in Exhibit A and shall perform routine
structural inspections, maintenance, repair and replace or complete
other improvements necessary to ensure the respective features
retain their integrity for the safety of the public using these features
and travelers using STATE ROW.
B.The PARTY identified as responsible in Exhibit A for the respective
bikeway shall provide a safe facility for bicycle and pedestrian travel
along the entire length of the said bikeway by providing sweeping
and debris removal, when necessary, as deemed by STATE.
C.The PARTY identified as responsible in Exhibit A shall maintain all
signing and striping, electrical facilities (solar or otherwise), and
pavement markings required for the direction and operation of that
non-motorized facility.
D.LOCAL AGENCY shall maintain green painted pavement markings
within STATE's right of way, as shown on Exhibit A. LOCAL AGENCY is
responsible for the replacement of green pavement markings when
pavement preservation measures are made by ST ATE.
9.Unsheltered Encampments. STATE shall remove Persons Experiencing
Homelessness (PEH) and any structures, personal property, debris, and/or other
items related to the encampment from the locations shown in Exhibit A,
subject to STATE's Maintenance Policy Directive 1001 Rl, as amended, and
applicable State and Federal law.
Nothing in this AGREEMENT grants or waives the right of California Highway
Patrol (CHP) and other law enforcement agencies having jurisdiction over the
Locations shown in Exhibit A.
l 0. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY's sole cost and expense,
shall remove all graffiti from areas identified in Exhibit A. LOCAL AGENCY is
solely responsible for ensuring that any graffiti that in any way resembles a
mural, artwork, painting, or other similar elements shall not be removed without
the written authorization of STATE. Graffiti removal must protect air and water
quality as required by law. LOCAL AGENCY shall conform to the terms stated
in STATE's Maintenance Manual, Volume l, Chapter, Dl .07.
11.Landscaped Areas. LOCAL AGENCY is responsible for the maintenance of any
plantings or other types of roadside improvements installed by LOCAL AGENCY
as permitted encroachments lying inside of STATE ROW as shown in Exhibit A.
LOCAL AGENCY agrees to do the following:
5
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
A.To prune shrubs, tree plantings, and trees to control extraneous growth
and ensure STATE standard lines of sight to signs and corner sight
distances are always maintained for the safety of the public.
B.To replace unhealthy or dead plantings when observed or within 30
days when notified in writing by STATE that plant replacement is
required.
C.To expeditiously maintain, replace, repair or remove from service any
components of landscaping that has become unsafe or unsightly.
D.To furnish electricity for irrigation system controls, and lighting system
controls for all street lighting systems installed by LOCAL AGENCY.
E.To maintain, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway,
spraying parked and moving automobiles, spraying pedestrians on
public sidewalks/bike paths, or leaving surface water that becomes a
hazard to vehicular or pedestrian/bicyclist travel.
F.To control weeds at a level acceptable to the STATE. Any weed
control performed by chemical weed sprays (herbicides) shall comply
with all laws, rules, and regulations established by the California
Department of Food and Agriculture. All chemical spray operations
shall be reported quarterly (Form LA 17) to the STATE to: District 5
Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401.
G.To repair or replace any STATE facilities damaged or disturbed by CITY
maintained Landscaping.
H.To remove Landscaping and appurtenances and restore STATE
owned areas to a safe and attractive condition acceptable to STATE
in the event this Agreement is terminated as set forth herein.
12.Legal Relations and Responsibilities.
A.No Third-Party Beneficiaries.
This AGREEMENT is not intended to create duties, obligations, or rights
of third parties beyond the PARTIES to this AGREEMENT. Nor does this
AGREEMENT affect a PARTY's legal liability by imposing any standard
of care for the operation and maintenance of STATE highways and
6
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
LOCAL AGENCY facilities different from the standard of care
imposed by law.
B.Indemnification.
Neither LOCAL AGENCY nor any of its officers or employees is
responsible for any injury, damage or liability occurring by reason of
anything done or omitted to be done by STATE in connection with
any work, authority or jurisdiction conferred upon STATE pursuant to
this AGREEMENT. To the fullest extent permitted by law, STATE shall
fully defend, indemnify, and save harmless LOCAL AGENCY and its
officers and employees from all claims, suits or actions of every kind
occurring by reason of anything done or omitted to be done by
STATE, its contractors, sub-contractors, and/or its agents pursuant to
this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by LOCAL AGENCY in connection with any work,
authority or jurisdiction conferred upon LOCAL AGENCY pursuant to
this AGREEMENT. To the fullest extent permitted by law, LOCAL
AGENCY, shall fully defend, indemnify, and save harmless STATE and
its officers and employees from all claims, suits or actions of every kind
occurring by reason of anything done or omitted to be done by
LOCAL AGENCY, its contractors, sub-contractors, and/or its agents
pursuant to this AGREEMENT.
C.Prevailing Wages and Labor Code Compliance. LOCAL AGENCY
shall comply with any and all applicable labor and prevailing wage
requirements in Labor Code Sections 1720 through 1815 and
implement regulations for any public works or maintenance
contracts and subcontracts executed for the LOCAL AGENCY's work
under this AGREEMENT.
D.Insurance. LOCAL AGENCY and its contractors shall maintain in force,
during the term of this AGREEMENT, a policy of general liability
insurance, including coverage of bodily injury and property damage
liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence, $2
million in aggregate, and $5 million in excess, as may be amended
as the minimum liability coverage limits codified in the State's
Standard Specifications. LOCAL AGENCY will provide a certificate of
insurance evidencing this insurance in a form satisfactory to STATE as
a condition to STATE's execution of this AGREEMENT.
7
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
13.Default. If LOCAL AGENCY fails to perform obligations assumed under this
AGREEMENT, STATE may by written notice request that the default be
remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses
to do so, STATE may complete the obligations and seek reimbursement from
the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar
days.
14.Complete Agreement. This AGREEMENT, along with any attachments, is the
full and complete integration of the PARTIES' agreement with respect to the
maintenance of the locations identified in Exhibit A. This AGREEMENT
supersedes any previous written or oral agreements between the PARTIES
with respect to the locations identified in Exhibit A. Unless otherwise stated,
to the extent there is any conflict between this AGREEMENT and any other
agreement (written or oral) regarding maintenance of the area identified
in Exhibit A, the terms of this AGREEMENT shall control.
15.Severability. The unenforceability, invalidity, or illegality of any provision(s)
of this AGREEMENT shall not render the other provisions unenforceable,
invalid, or illegal.
16.Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not
constitute a waiver of the same or any other portion hereof.
17.Governing Law. This AGREEMENT shall be governed by and interpreted in
accordance with California law.
18.Notice. If either PARTY shall desire or is required to give notice to the other,
such notice shall be given in writing, via email, and concurrently delivered
by: (a) personal delivery, in which case, notice is effective upon delivery;
(b)overnight courier (i.e., Federal Express) with charges prepaid or charged
to the sender's account, in which case, notice is effective when delivered;
(c)priority U.S. Mail, in which case, notice shall be deemed delivered on
the second business day after the deposit thereof with the U.S. Postal
Service.
19.Cost. Any PARTY who is assigned obligation under this AGREEMENT shall
complete them at their own costs, unless expressly stated otherwise in this
AGREEMENT.
8
Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0
May 4, 2026
Tr #05-6-HB23
SLO-1-L 16.7 /17.97
City of San Luis Obispo
20.Termination. This AGREEMENT may be terminated by the mutual written
consent of each PARTY. The STATE may terminate this AGREEMENT, should
the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at
the time and in the manner provided herein.
21.Effective Date. This AGREEMENT shall become effective on the last of the
dates each PARTY's authorized representative has executed this
AGREEMENT.
22.Authority. Each individual executing this AGREEMENT on behalf of each
PARTY represents and warrants that he/she is duly authorized to execute
this AGREEMENT. LOCAL AGENCY represents and certifies that it has,
through its regular political process, authorized the execution of this
AGREEMENT by appropriate resolution, delegation, or plenary authority, as
required. A true and correct copy of the local resolution or ordinance has
been provided to the ST ATE.
23.Electronic Signatures. Electronic signatures of the PARTIES, whether digital
or encrypted, are intended to authenticate this written AGREEMENT, and
shall have the same force and effect as manual signatures for this
AGREEMENT.
9
Docusign Envelope ID: 30C4841 D-398F-8B5C-8088-B258D84DA6A0
THE CITY OF SAN LUIS OBISPO
r-:-DocuSigned by:
By: -�-=�=A=59""'90""'Bt=<B"'-"C9""'�""'46c,..4 ��----Mayor
Initiated and Approved
By: [�-�M,l
CITY Manager
ATTEST:
0DocuSigned by:
By:L:::::�
CITY Clerk
CITY Attorney
May 4, 2026
Tr #05-6-HB23
SL0-1-L 16.7 /17.97
City of San Luis Obispo
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY}1a,u,n, t,� Deputy District Director
Maintenance District 5
10
JOINT POWERSAUTHORITY (JPA)
CaliforniaJoint Powers Insurance Authority (CJPIA)8081 Moody St.La Palma, CA 90623
CONTACT NAME:Chris Gray, Insurance Programs Manager
PHONE:(562) 467-8783
JPAMEMBER (CoveredParty)
City of San Luis Obispo
LIABILITY:
BODILY INJURY
PROPERTY DAMAGE
PERSONAL INJURY
ERRORS & OMISSIONS
BROADCAST/PUBLICATION
EMPLOYMENT PRACTICES
SEXUAL ABUSE & MOLESTATION
JOINT POWERS AUTHORITY (JPA)
California Joint Powers Insurance Authority (CJPIA) 8081 Moody St. La Palma, CA 90623
CONTACT NAME: Chris Gray, Insurance Programs Manager
PHONE: (562) 467-8783
CONDITIONS OF ADDITIONAL PROTECTED PARTY
(ADDITIONAL INSURED ENDORSEMENT)
When required by a written agreement, the California Joint Powers Insurance Authority agrees to include the
Evidence Holder as an Additional Protected Party under the Memorandum of Coverage Liability Program,
subject to the above-stated limits, but only for Occurrences caused by the activity described in the written
agreement between the Member and Evidence Holder for the date(s) and time(s) specified in the written
agreement. If required by the written agreement, coverage shall be primary and non-contributory, and/or
subrogation is waived.
COVERAGE WILL NOT BE BROADER THAN WHAT THE MEMBER IS REQUIRED TO PROVIDE BY WRITTEN
CONTRACT OR AGREEMENT, FOR HIGHER LIMITS THAN REQUIRED, OR BROADER THAN THE COVERAGE
PROVIDED UNDER THE MEMORANDA OF COVERAGE.